1. General Terms for Our Services
By visiting our website and/or purchasing our product, you engage in our Services and agree to be bound by terms and conditions (“Terms”). Except as specified herein, these TOS apply to all user of this site, and any use of the Services, including but not limited to;
- a. providing a saliva sample for DNA extraction and processing,
- b. uploading a digital version of your Genetic Information and interacting with it on our website, and/or
- c. creating and using a personal (free) account without providing your saliva sample or Genetic Information.
Please read these TOS carefully before accessing or using our website. You will be required to agree to our TOS for using our Services. You will not be able to use Services if you do not accept the TOS. You can accept the terms of the TOS by 1) clicking to ACCEPT or AGREE button(s) which are required to proceed, where this option is made available, or by 2) using the Services, you have already agreed and accepted the terms of this TOS.
In addition, when using any areas of the Services, you are subject to any guidelines or rules applicable to such services that may be disclosed, requested or posted. All such guidelines or rules are hereby incorporated by reference into the TOS. We also may offer other services from time to time that are governed by different terms of service.
2.1. “Genesis Healthcare” is the official registered entity name for Genesis Healthcare Corporation, whose principal place of business is located at Yebisu Garden Place Tower 26F 4-20-3 Ebisu, Shibuya-ku, Tokyo JP 150-6026.
2.2 “Service” or “Services” can be defined as Genesis Healthcare’s products, mobile application, any proprietary or licensed software and website used by the user, regardless of its use in connection with a product purchase or personal account setup.
2.3 “R&D” refers to research and development activities conducted by Genesis Healthcare, Genesis Institute of Genetic Research (GIGR) or Medical Clinic Ebisu, Tokyo, a registered Medical Facility under the Ministry of Health in Japan and an affiliate of Genesis Healthcare.
2.4 “Personal Information” is defined as information that can be used to identify you or your place of location, either as independent or in conjunction with other information. In order to provide you with the Service(s), we collect and store the following types of Personal Information;
- a. “Registration Information” can be defined as information that you provide when you register for and/or purchase Genesis Healthcare Services, including email, gender, name, mail address, date of birth, user ID and password, and payment information.
- b. “Genetic Information” can be defined as information that consists of your genotype, or specifically the sequence of your ATCG’s at particular locations within your gene(s). By providing us with your saliva sample allows us to analyze your Genetic Information and thus, for you to receive the Services.
- c. “Self-Reported Information” can be defined as all other information voluntarily provided to Genesis Healthcare, including but not limited to information regarding your family history, disease history, other health-related information, personal traits, ethnicity, religion and other information through our online surveys or in creating your personal account.
- d. “Referral Information” can be defined as information provided by you when referring Genesis Healthcare’s services to your friends and contacts. Examples of Referral Information can be your name, email, address, and the name and email address of the person you are referring our Services to.
- e. “Web Behavior Information” can be defined as information on how to use the Genesis Healthcare website, for example, browser type, domain or page views, obtained and collected through log files, cookies and web beacon technology.
- f. “User Content” can be defined as all information other than Genetic Information or Self-Reported Information generated by users of Genesis Healthcare’s Services and transmitted, whether publicly or privately to or through Genesis Healthcare. The information include messages, music, audio, data, text, software, photographs, or other materials.
2.5 “Aggregated Information” refers to data aggregation of Genetic and Self- Reported Information which are analyzed and evaluated together so that no particular individual can be identified.
3. General Conditions
3.1. By agreeing to these TOS and providing your own saliva sample, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You agree that you may not use our products for any illegal or unauthorized purposes nor may you, in the use of our Services, violate any laws in your jurisdiction, including but not limited to copyright law.
Any misrepresentation of yourself that is deemed to be in violation of representation will result in all and express cancellation of the Services. Under such circumstances, Genesis Healthcare reserves the right to cancel and terminate purchases and Services at any given time without prior notice and no refund will be owed to the Customer.
3.2. In addition to the above conditions, if you contribute or otherwise provide Genetic Information to receive our Services, you must be eighteen (18) years of age or over to agree to the TOS on behalf of yourself or those for whom you have legal authority or guardianship to agree.
4. Our Services
The Services will allow to access to our website and personal genotyping services, such as the collection and analysis of your saliva sample. You should understand that the Services are provided “AS-IS” and the current state of the art of genetic research and technology, at the time when you purchase, is used for our Service. Moreover, you should understand that the nature of the Services may change from time to time without prior notice.
As part of Genesis Healthcare technological innovation in providing better Services to the Customer, including but not limited to system, security, content upgrades and maintenance, you acknowledge and agree that Services may stop (temporarily or permanently) at our sole discretion and without prior notice. You may also choose to stop using the Services at any time. In such case, you are not required to inform us in advance unless you request closure and termination of your account. Under no circumstances will Genesis Healthcare or its affiliates assume no responsibility for the use of Services outside the terms of these TOS or other applicable terms.
In order to use the Services, the Customer understands that the Services are offered only through the internet, and it will be your responsibility to obtain internet access, either directly or through devices that access web-based content. These internet fees will be your sole responsibility. Moreover, you must provide all equipment necessary to make internet connection, such as a computer and modem or other access device. You are solely responsible for providing such equipment and Genesis Healthcare will not be responsible for burdening the fees.
You acknowledge and agree that it is the discretion of Genesis Healthcare to set a fixed upper limit on the storage volume or number of transmissions you may send or receive through the Services, and these upper limits may be changed by us at any time, at our discretion. In instances when a surge of access to our internet site occurs or we must shut down any or all access (es), the Customer shall be forewarned that you may not be able to access their genetic information or receive Services for a given time.
4.2. Possible Risks and Considerations
a. Once your Genetic Information (through your saliva sample) is provided through our Services, the disclosed genetic data, the Genetic Information and new knowledge is irrevocable: the Customer shall not assume any information provided to you as part of the Services, whether now or as genetic research advances, will all be of positive nature, either psychologically, physically, or in health terms. You are cautioned that genetic research and testing is still in its early stage of scientific discovery, and there are limitations in the Genetic Information currently offered by Genesis Healthcare’s GeneLife Genesis. Limitations will include the fact that not all information provided by the Services is validated or replicated. Thus, the Customer is thus strongly advised to obtain further Services from us or consult a healthcare provider on an ongoing basis in order to accommodate any discovery or changes in Information as scientific discovery advances.
b. The Genetic Information that you will gain access may include those that are not expected or previously unknown: some Genetic Information can evoke psychological distress or negative emotions. There may be discoveries that can trouble you psychologically, emotionally and physically which you may not be able to control or change. These outcomes can lead to social, legal, or economic implications to you or to your relations that share similar Genetic Information. The customer should be aware of the personal merits and demerits of genetic testing BEFORE purchasing or using our Services. Genesis Healthcare will not be responsible for any claims or damages incurred on the outcome of our Services or Genetic Information provided.
c. Technological advancements in Genetic Testing are constantly being improved and challenged. Genesis Healthcare, as your genetic testing partner, has incorporated best practices in selecting the most advanced equipment and skilled Genetic Testing Technicians to provide you the most accurate genetic testing results. However, the Customer should be aware that your saliva sample may not pass our internal testing protocol or may result in errors when the following conditions occur: if your saliva does not contain enough volume of DNA, if you do not provide enough saliva, or bacterial or viral infections and chemical residue that are present in the saliva sample significantly lowering testing accuracy. If our testing protocol detects any failure PRIOR to genotyping process, we will send a second saliva collection kit at no extra charge to the Customer. However, the shipping fees to resend us the new saliva sample will be the burden of the Customer. If the second attempt to process the second sample results in failure, we will offer to send another (the third) saliva collection kit to the user for a charge of $20, and the shipping fees for delivering saliva sample to Genesis Healthcare will be burdened by the Customer.
If the samples arrive in good condition and pass our internal testing protocol and genotyping is conducting, a 96% call rate (the % in which the results are produced) is expected. If, the genotyping results are under 70%, Genesis Healthcare will resend a collection kit at no charge and offer you a retesting at no-charge. If the genotyping results are over 70% call rate, however, if the Customer wishes to retest in order to obtain a higher call rate, then we will provide a free collection kit and $20 retesting charge to accommodate your request only for the second time. Despite technological advancements in Genetic Testing, Genesis Healthcare reserves the right to refuse retesting to a Customer if it believes that the saliva samples provided by the Customer is not of sufficient quality for whatever reasons known or unknown. Genesis Healthcare will not be obligated to disclose the refusal reason(s) for retesting the Customer’s saliva sample.
d. The Customer should be aware that Genetic Information obtained is limited in nature and should not judge their lifestyle choices or health behaviors solely on the Genetic Information. We strongly advise you to discuss your Genetic Information with a physician or other health care providers before you act upon the Genetic Information resulting from our Services. There may be unknown genes that are currently not offered in the Services, various influential environmental factors, or lifestyle choices that are far more important predictors to make healthcare decisions. If your Genetic Information indicates that you are (or not) at elevated genetic risk for a particular disease orcondition, it does not imply, wholly or in any partial way, that you will (or not) definitively develop the disease or condition. In either case, if you have concerns or questions about the new learnings, it will be your responsibility to consult your physician or other health care provider.
e. Genetic Research and Genetic Testing offered by GeneLife Genesis is currently neither comprehensive nor conclusive. The fact that data provided in our Service rely mainly on these published studies, not all data or its advice will apply to you. Future scientific research my change the results of your DNA. In the future, new scientific discovery may prove previous or currently available research findings to be incomplete or inaccurate. Genesis Healthcare does not provide any Representation in the use of public data used to provide Services. Furthermore, Genesis Healthcare does not guarantees or provide Warranties on the Services of data provided through our Services, and will not be responsible for any claims made against the quality of the data provided. f. It will be the Customer’s responsibility to acknowledge that Genetic Information in which you choose to voluntarily share with a third party can be used against your personal interests and can result in psychological, social or economic damages. We strongly recommend that review thoroughly the merits and demerits of disclosing or sharing your Genetic Information with others.
Genetic Information and its disclosure may result in beneficial or discriminatory actions or reactions in general. For example, disclosing your Genetic Information may result in partial disclosure of your family and relatives whom may share similar genetic traits. Although very few businesses, employers or insurance companies request genetic information, information that is made public by you could influence you in ways that are not predictable. To under the legal implications that you may incur based on public disclosure, we advise you to consult with a legal representative in your country in. In addition, depending on your resident country, Genetic Information in which you choose to share with your physician or other health care provider may become a part of your medical record and may be accessible to other health care providers and/or insurance companies in the future. Genetic Information shared with your family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, the information could have greater meaning in the future as new discoveries are released. The Customer agrees to indemnify Genesis Healthcare against all claims, disputes, or damages incurred by the Customer’s voluntary sharing of Genetic Information.
g. Our Services and Genetic Information are provided to the Customer as solely for Research, Informational, and Educational purposes. We do not provide any medical advice or health interpretations from the results nor do we claim in any way that the Services or Information provided can and should be used for medical advice or health interpretation. The Services are not intended to be used or interpreted by the customer as diagnostic purposes and are not to be used a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation or prevention of any disease or other medical condition or impairment or the status of your health.
We do not endorse warranty, or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you based on the Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, such as in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by us, our employees, other individuals or information appearing on our website at the invitation of us or other visitors to our website is solely at your own risk.
5. Users Representations
When you access our Services, it means that you agree to, acknowledge and represent as follows;
- a. You allow us, our contractors, successors and assignees to perform sequencing and genotyping on your DNA extracted from your saliva sample and you specifically request us to disclose the results of analyses.
- b. You understand that information provided by our Services are not intended to diagnose, prevent or treat any disease, condition or symptoms or to find the state of your health without having any medical and clinical information. Our Services are only intended for research, educational, and informational purposes, and any information should not be used as a point of diagnosis or a possible treatment. If you wish to utilize your Genetic Information data for healthcare decisions, it should always be confirmed and supplemented by additional medical and clinical testing. You acknowledge that we urge you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic information.
- c. You are aware that some of the information we provide may provoke strong emotion, a psychological and physical distress.
- d. You represent that you are eighteen (18) years of age or older if you are using our Services, including providing a saliva sample or accessing your Genetic Information.
- d. You understand that you provide your own sample.
- e. You understand that any action you take through our Services is not subject to any export ban or restriction in the country in which you reside.
- f. You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside, subject to local regulation in your jurisdiction of residence.
- g. You warrant to us that you do not belong to an insurance company attempting to gain information about employees or insured people.
- h. You are responsible for all possible consequences resulting from sharing your Genetic Information and/or your Self- Reported Information allowing others to access your information.
- j. You give permission that we store all your Personal Information in our databases.
- k. Waiver of Property Rights: You confirm that you cannot claim any rights regarding any research or commercial products that Genesis Healthcare or our collaborating partners may develop, based on your Genetic Information or provided Self-Reported Information.
You agree that you have the right to provide these presentation under the laws of local, state or country’s jurisdiction in which you reside. If you violate any one of these representations, we have the right to suspend or close your account. We may reject your current or future use of our Services (or any portion thereof).
6. Account Information
When you consider the use of our Services, you agree to 1) provide accurate, correct, complete and current Registration Information in using our Service; and 2) ensure the Registration information to be updated in order to provide accurate, correct, complete and current information. If any Registration information that is found to be not accurate, correct or complete, we have the right to suspend or close your account and we may reject current or future use of the Service (or any portion thereof).
You are fully responsible for maintaining your password and account secure. If you give permission to third parties to access our website through your username and password, any liability, costs, or damages will be your responsibilities. You agree to 1) immediately inform that any unauthorized use of your password or account or any other breach of security; and 2) ensure that you end your account at the end of each session. Genesis Healthcare cannot and will not take any responsibility regarding any damage or loss caused by failure to comply with this Section.
7. Genesis Healthcare Privacy Statement and Disclosure Policy
When you use our Services, you MUST agree to our Privacy Statement. If you do not agree to our Privacy Statement, you may not purchase or use our Services. You can acknowledge and agree to the Privacy Statement by 1) clicking to ACCEPT or AGREE button to our Privacy Statement, where this option is made available to you any Service; or 2) for actually using the Services.
You should understand and agree that your use of our systems can be monitored by us at any time and it may be documented. Our Privacy Statement describes what types of information we collect and how to use them through our Services, website or other systems. Genesis Healthcare reserves the right to disclose your personal Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, if it is considered as Research Purposes.
Furthermore, you agree that we can preserve and disclose your Personal Information to agencies that enforces laws or others if required to do so by law if necessary, in order to; 1) enforce our TOS; 2) comply with legal process, (including a judicial proceeding, government inquiry, or court order ) or other obligations related to ethical and other professional rules, regulations and laws; 3) respond to claims that any content violates the rights of third parties; or 4) protect the rights, property, or personal safety of us, our employees, our users, our clients, and the public. If any of these events occurred we will inform you through the contact information provided by you in advance, unless doing so would violate the law or a court order. You agree that there can be the technical processing and transmission of the Services, such as your Personal Information through transmissions over various networks, or technical changes or adaption. Finally we may, in its sole discretion, restrict access to the website for any reason. Please refer to our Privacy Statement in the Link below about further data protection related to your information.
8. Limited License
You acknowledge that all User Content that you post or transmit, whether publicly or privately, is the sole responsibility of the person who provided such User Content. In other words, you, but not Genesis Healthcare, are entirely responsible for all User Content that you post, email, or otherwise transmit via the Service.
You understand that our Services and our content are protected by Genesis Healthcare copyright and/or other intellectual property rights and/or licensors, sponsors who provide the content to us which we provide to you as part of our Services.
We allow our contents to be copied and distributed freely by you in use of non-commercial purposes, only when our content in the Services and any other content that are not included in this Section on the website; 1) provide the Services content shown on our website; 2) is offered free of charge. In using our contents, the Customer cannot edit or alter any of its contents that may result in misinterpretation or representation of the original information; 3) must include the following contribution on the materials you distribute: © Genesis Healthcare, Co. 2004-2015. All rights reserved; distributed pursuant to a limited use from us; 4) agree you have no right to offer anyone else any further right with respect to this service content. Aside from the limited license provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content, either in whole or in part, unless you have been specifically told that you may do so by us in a separate agreement.
9. Prohibited Activities
You warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions or notices, as part of conditions that you use our Services. We consider as violation of our TOS, if you use the Services to impair, disable, damage, or overburden our Services or interfere when other Customers enjoy or use our Services. We consider as unlawful use when other materials and information obtained or attempted are used which are not made available or provided through the Services.
Furthermore we consider unlawful and prohibited activities when our Services are used to;
1) email, upload, post, or otherwise transmit any materials that is considered to be derogatory, offensive, or obscene, including anything that can be thought as harassment based on color, race, nationality, gender, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
2) give any misleading impression or information regarding any person or entity, including but not limited to, our affiliates or otherwise misrepresent your affiliation with a person or entity;
3) harass another;
4) manipulate identifiers so that we cannot track the origin of any content transmitted through the Service;
5) email, upload, post or otherwise transmit Genesis Healthcare content that you are not allowed to transmit under any law or contractual or fiduciary relationships such as confidential and proprietary information, inside information, obtained or disclosed as part of employment relationships or under nondisclosure agreements;
6) use any information received through the Services to attempt to identify other customers, to contact other customers or any forensic use;
7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
8) email, upload, post or otherwise transmit any content that limits our or other parties’ Rights including trademark, trade secret, patent, copyright, or other proprietary rights;
9) hurt minors in anyway;
10) promote or advertise goods or services possibly bought or sold for commercial purposes, except we allow to do so;
11) email, upload, post, or otherwise transmit any content that can be categorized into spam mail, except permitted by law;
12) email, upload, post, or otherwise transmit anything which may be made for damaging functions of computer software or hardware or telecommunications equipment such as software viruses, computer files, programs or code;
13) any attempt to web scraping or crawling, unless explicitly permitted by us;
14) stimulate the function or appearance of our website such as mirroring or framing;
15) override or damage security of our Services;
16) intervene our Services or interrupt servers or networks connected to the Service;
17) violate these TOS or other guidelines that can be applied to the part of our Services;
18) violate any applicable law, whether intended or not.
Furthermore, you agree NOT to sell, resell, create derivative works from, reproduce, publish, distribute, display, license, perform, publish, reproduce, duplicate, copy, modify, exploit, transmit, or transfer our Services for any commercial purposes. You agree that for any violation of your obligations under the TOS and for the consequences of any such breach are your responsibility. If there are any violations, we can suspend or close your account and reject the use of our Services by you.
10. Laws and Regulations Regarding Export
As we recognize the global nature of the Internet, you acknowledge and agree to comply with all local rules regarding online conduct and acceptable content. Especially, you should understand that;
1) our Services including providing your sample is not violation of any export ban or restriction in the country in which you reside;
2) your sample and data may be analyzed and processed outside the country in which you reside;
3) that you will comply with all applicable laws regarding the transmission of technical data exported from Japan or the country from which you access our Services online.
11. Intellectual Property and Your Rights
11.1. User Content
We claim no rights over ownership of your User Content, such as comments, feedback and other submissions, unless explicitly specified. However, you warrant to us that we can reproduce, modify, translate, publish, distribute, edit, display or create any derivative works with your User Content. We also have the right to offer the User Content to other companies, affiliates or individuals. You understand that we may transmit your User Content publicly through various networks and media, and change it due to the technical requirements such as connecting networks, devices, media or services. Furthermore you understand that you give permission to us to take these action.
11.2. Genetic and/or Self-Reported Information
We will not disclose your Genetic and/or Self-Reported Information to third parties unless it is for Research use and when we are required by law. However we have no obligations or liabilities for Genetic and/or Self-Reported Information that you share or update publicly on our website. It is your responsibility to maintain your security and enforce those rights. Saliva sample that you provide, will not be returned to you when it is processed and analyzed. We cannot offer any financial benefit to you by having your Genetic Information.
11.3. Waiver of Property Rights
As stated above, we have no obligations to compensate or offer financial benefits by conducting research and developing commercial products with the data provided by you including Genetic Information and Self-Reported Information.
You agree to indemnify, defend and hold harmless Genesis Healthcare and our subsidiaries, affiliates, partners, employees, officers, agents, contractors, partners, licensors, service providers, subcontractors, suppliers, interns and successors, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you choose to offer your saliva sample, you agree to defend and hold harmless us, our employees, contractors, successors and assigns from any liability arising out of the use or disclosure of any information obtained from the use and the disclosure of information obtained from processing and analyzing your saliva sample consistent with our Privacy Statement or results from any third-party add-ones to tools we provide. Furthermore, you defend and hold harmless us, our employees, contractors, successors and assignees in case you offer your Genetic and/or Self-Reported Information to third-parties from any claim, demand or liabilities arising from such disclosure if you choose to provide your Genetic and/or Self-Reported Information to third parties.
13. General Practices
Certain Services may be available exclusively online through the website. These Services may have limited quantities and are subject to return or exchange only according to our Return Policy and Cancellation Policy.
You understand that we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
You agree that we reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction, or other use of the Services, such as no limitation of the maximum number of days that Personal Information and Services or the maximum number of times you can access the Services in a certain period. We may exercise this right on a case-by-case basis.
14.1. Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. You agree that we may require you to download or install in your software from time to time in order to improve, develop and enhance our Services. In case of failure to download or update, part of Services can be deleted. This may result in deletion of your Personal Information and Genetic Information from our servers and may terminate Services automatically.
14.2. Modifications to TOS
We reserve the right to make changes to this TOS from time to time without prior notice to the Customer. When changes are made, we will upload the edited version of the TOS available on our website and any new additional terms will be provided to you from within, or through the affected Services. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, we will treat your use as acceptance of the updated TOS. You understand that we may change to different or provide additional technologies for collection and analysis of Genetic Information without prior notice, which may be different from your initial purchase of our Services. You agree that if you choose to be provided any different or additional technologies, you will be required to by pay extra fees for collection and interpretation of your Genetic Information to receive the new Service.
15. Termination of Our Services
The obligations and liabilities of the parties incurred prior to the termination data shall survive the termination of this agreement for all purposes. These TOS are effective unless and until terminated by either you or us. You may terminate TOS at any time by notifying us that you no longer wish to use our Services or when you cease using our site. Your notice should be sent via email, which is set out online via email@example.com. We may require to submit proof of identification, in order to verify that you are, in fact, the owner of your account and the termination is decided by you. Furthermore, in the event you provide us with termination notice online, we will promptly send you an email requesting you to confirm your request, and your notice will be effective following receipt of an email confirmation from you. In order to leave proof of termination notice and confirmation, we will not accept phone inquiries. If in our sole judgement, you fail or you are suspected to fail to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny your access to our services (or any part thereof).
16. Survival of Terms
All indemnities towards our Services outlined in this TOS will survive after termination notice have been provided and your account has been terminated.
17. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with or participation in promotions of information providers, vendors, and/or resources found on or through the Service, such as payment and delivery of related goods, or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider and you are liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
18. Third-party Links
Certain content, products and services available via our Services may include materials from third-parties. Third party links on this site may direct you to third-party websites that are not affiliated with us. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource. If you wish to purchase healthcare products such as supplements or health drinks, engage in healthcare activities or services based on information received the Services, Genesis Healthcare will not be responsible for any damages arising from direct or indirect actions taken by the Customer.
19. Genesis Healthcare’s Rights
The Customer shall acknowledge and agree that Genesis Healthcare has ownership of all legal right, title, and interest in and to the Services, such as any intellectual property rights.
You acknowledge and agree that intellectual proprietary and confidential information that are protected by applicable laws and regulations may be contained in the Services and any software connected to our Services. Furthermore, you acknowledge and agree that any content and information provided by our Services or sponsors is protected by patents, copyrights, service marks, trademarks, or other proprietary rights and laws. You acknowledge and agree that you do not give permission yourself or any third party to sell, lease, distribute, modify, create derivative, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software (or any part thereof), in whole or in part. You agree not to obscure, alter or delete any proprietary rights and notices that may be contained in our Services. Unless we allow you to do so, you agree not to use any service mark, trade name, trademark, logo of any company or organization in such manner that causes confusion, whether intentionally or unintentionally, about the ownership or authorized user of such marks, names, or logos.
20. Disclaimer of Warranties; Limitation of Liabilities
20.1. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE USE OF OUR SERVICES ARE AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
20.2. LIMITATION OF LIABILITIES
IN NO CASE SHALL GENESIS HEALTHCARE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE , ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
21. Notice to Customers
Our primary method of communication or sending notice will be done via either email or posting on our website. You are encouraged to check regularly your email and our website, due to the fact that the notification may be irregularly sent.
22. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and offers product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
23. Violation or Suspected Violation of Terms of Service
If any violation of the terms of these TOS is made by you and/or we have reasonable ground to suspect that you have violated the terms of these TOS, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
24. Entire Agreement
These TOS and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.
25. Governing law
These TOS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Yebisu Garden Place Tower 26F 4-20-3 Ebisu, Shibuya-ku, Tokyo JP 150-6026.
See the Specified Commercial Transaction Act details
In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be served from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Failure of us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
27.2. Term for cause of action.
You acknowledge that any claim or demand or cause of action arising from or related to the use of our Services or the TOS must be filed within 3 months After such claim or demand or cause of action arose.
27.3. Admissibility of printed version.
A printed version of this agreement will be effective in judicial or administrative proceedings.
You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Without prior notice to you, we may freely assign or delegate rights and obligations under the Agreement, whether fully or partially.
We have the right to modify, supplement or replace the terms of this Agreement, effective upon posting at www.genelife.asia or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 15 (Termination).
28. Our Contact Information
Questions about the TOS should be sent to us at: